Legal privilege in criminal cases

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Practice notes
Fraud by false representation—sentence trackerSentences for fraud by false representationA person convicted of fraud by false representation in the...
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19th May
Practice notes
BlackmailThe offenceA person is guilty of blackmail if, with a view to gain for themselves or another or with intent to cause loss to another, they...
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19th May
Practice notes
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a...
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19th May
Practice notes
Failing to surrender, absconding and breach of bail conditionsBench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear...
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Produced in partnership with Alistair Grainger of 25 Bedford Row 19th May
Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
The defence of insanityWhat is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in...
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19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Sexual risk ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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Produced in partnership with Monica Stevenson of 25 Bedford Row 19th May
Practice notes
Cash seizure and detentionChanges under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various...
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19th May
Practice notes
Hygiene improvement notices under reg 6 of the Food Safety and Hygiene (England) Regulations 2013What are hygiene improvement notices?Hygiene...
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Produced in partnership with Richard Heller and Hannah Edwards of Drystone Chambers 19th May
Practice notes
Intimate SamplesIntimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic...
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19th May
Practice notes
European Investigation Orders (EIOs)—process [Archived]ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end...
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19th May
Practice notes
Dishonesty in the criminal lawDishonesty is a state of mind, which is relevant for the purposes of some criminal offences. Dishonesty provides the...
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19th May
Practice notes
Grounds for refusing bailThe right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’...
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19th May
Practice notes
Disclosure of evidence in Scottish criminal proceedingsCoronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic....
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 19th May
Practice notes
Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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19th May

Most recent Legal privilege in criminal cases content

Practice notes
Maintaining privilege during criminal investigationsThe aim of this Practice Note is to provide some guidance about how best to ensure that legal...
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Produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley 21st Jul
Practice notes
Privilege—loss or waiver of privilegeThis Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege...
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12th Jul
Practice notes
Legal professional privilege in civil proceedingsThis Practice Note considers legal professional privilege (LPP), which is made up of legal advice...
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8th Jul
Practice notes
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege (being joint retainer or joint interest...
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8th Jul
Practice notes
Privilege in DPA negotiationsLegal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart...
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Produced in partnership with Amanda Raad, Arla Kerr, Matthew Burn and Chris Stott 28th Jun
Practice notes
Getting the Deal Through: Legal Privilege & Professional Secrecy 2021Jurisdictions coveredThe following jurisdictions are covered in this...
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28th Jun
Q&As
When will a reference to counsel’s opinion in inter partes correspondence amount to a waiver of legal professional privilege? Will the disclosing...
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Produced in partnership with Ryan Turner of Lamb Chambers 6th Jun
Q&As
What steps should be taken when dealing with individuals outside of the ‘client group’ to avoid loss of privilege?General principlesIn English law,...
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6th Jun
Q&As
If a client would like to voluntarily waive privilege in an investigation, what are the risks and how can they be mitigated?Ownership of...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers and Daniel Gill of Clarke Willmott 5th Jun
Q&As
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's...
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5th Jun
Q&As
I have accidentally sent the other side documents which are privileged. What should I do?What is privilege?In English law, special protection is...
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5th Jun
Q&As
Could without prejudice documents in civil proceedings be seized and used by regulators in regulatory or criminal proceedings (using their powers of...
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Produced in partnership with Áine Kervick of Kingsley Napley 5th Jun
Q&As
Does legal advice privilege apply to the creation, management and operation of companies?Legal professional privilege (LPP) does not extend to...
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5th Jun
Q&As
My firm has received a document from the other side which appears to be privileged. What should I do?Although this is a question about privilege,...
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Produced in partnership with Sarah Mumford of Sarah Mumford 5th Jun
Q&As
A document is labelled ‘privileged’, ‘confidential’ and/or ‘privileged and confidential’. Does this mean it is privileged?General principles—privilege...
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5th Jun
Q&As
What are the privilege issues which arise in relation to a regulatory investigation?Professional privilege—core principlesThe core aim of privilege is...
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5th Jun
Q&As
I am a shareholder in company X. A director obtained legal advice on behalf of company X and I would like to see it. The director has claimed the...
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Produced in partnership with Howard Smith of Radcliffe Chambers 5th Jun
Practice notes
Privilege—solicitor and client confidenceThis Practice Note looks at privilege and confidential information in the context of a client-solicitor...
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5th Jun

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